HomeMy WebLinkAboutMINUTES - 03062007 - SD.4 SDA
03/06/2007
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 6, 2007 by the following vote:
AYES: Gioia, Uilkema, Bonilla, Glover and Piepho
NOES: None
ABSENT: None
ABSTAIN: None
CONTINUED to April 3, 2007 the hearing to adopt Resolution No. 2007/85 accepting tabulation of mail-in
ballots, confirming the Engineer's diagram and assessment, and authorizing the levy of street light charges
to operate and maintain facilities and services for Land Use Permit 05-2051, Bay Point area.
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE NIINUTES OF THE BOARD OF
SUPERVISORS ON Tog DATE SHOWN.
ATTESTED
John Cullen,Clerk of the Board of Supervisors
and County Administrator
By _. ,Deputy
tip--- Contra
1 BOARD OF SUPERVISORS
Costa
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
'COSY' - •`�y```O "
County
DATE: February 27, 2007
SUBJECT: HEARING to ADOPT Resolution No. 2007/85 accepting tabulation of mail-in ballots,
confirming the Engineer's diagram and assessment, and authorizing the levy of street light
charges to operate and maintain facilities and services for Land Use Permit 05-2051, Bay Point
area. (County Service Area L-100 Funds) (District V)Project No. 7394-6X5001
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
HEARING to ADOPT Resolution No. 2007/85 accepting tabulation of mail-in ballots, confinning the
Engineer's diagram and assessment and authorizing the levy of street light charges for Land Use Permit 05-
2051.
FISCAL IMPACT:
There is no impact to the County General Fund. All costs will be covered with revenue from County Service
Area(CSA) L-100.
Continued on Attachment:X SIGNATURE:
=RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE ( THER
SIGNATURE (S): f c—e—
ACTION OF 130 dip ON APPROVED AS RECOMMENDED_OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct copy of an
PE:sj action taken and enteredaon the minutes of the Board of
G:\SpDist\Board Orders\2007\02-27-07 Board Reso(Hearing)-LP 05-2051.doc Supervisors on the date sho.n.
Orig.Div:Public Works(Special Districts)
Contact: Patricia Edwards(313-2286)
cc: County Administrator ATTESTED:
Assessor JOHN CULLEN,Clerk of the Board of Supervisors and
Auditor-Controller
Community Development County Adn-linistrator
County Counsel
Engineering Services '*c,
LAFCO(LAFCO 06-26) By
Deputy
SUBJECT: HEARING to ADOPT Resolution No. 2007/ 8"5 accepting tabulation of mail-in ballots,
confirming the Engineer's diagram and assessment, and authorizing the levy of street light
charges to operate and maintain facilities and services for Land Use Permit 05-2051, Bay Point
area. (County Service Area L-100 Funds) (District V) ProjectNo. 7394-6X5001
DATE: February 27, 2007
PAGE: 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The developer is required by Condition of Approval to annex to the County's street light program, CSA L-100,
for continued maintenance and operation of street lights. Proposition 218 provides that any new assessment
may not be approved if it is opposed by a majority of the property owners voting on the proposed assessment.
The Board Order and Resolution comply with the requirements for new assessments under Proposition 218.
CONSEQUENCES OF NEGATIVE ACTION:
Without Board of Supervisors' approval, this project will not be in compliance with the Conditions of Approval
for Land Use Permit 05-2051 and an alternative means to finance public right of way street lighting would have
to be identified.
TII1E BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 27, 2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: RESOLUTION NO. 2007/ g5
SUBJECT: Tabulation of Mail-In Ballots, Confirmation of the Engineer's Diagram and Assessment and Levy of
Street Light Charges to operate and maintain facilities and services for Land Use Permit 05-2051, Bay
Point area. (County Service Area L-100 Funds) (District V)Project 7394-6X5001
The Board of Supervisors of Contra Costa County RESOLVES:
1. On June 6, 2006, the Board of Supervisors adopted Resolution No. 2006/343 directing the filing of the
Engineer's Report for street light charges for County Service Area L-100 (CSA L-100). As directed by the
Board, the Engineer of Work has filed the Engineer's Report.
2. On June 6, 2006, the Board adopted Resolution No. 2006/343 declaring the Board's intention to levy and collect
street light charges to operate and maintain facilities and services within CSA L-100 for Fiscal Year 2006/2007
and setting a public hearing for July 25, 2006. Notice of the hearing was given in the time and manner required
by law.
3. On January 9, 2007 the Board adopted Resolution No. 2007/10 directing the Engineer of Work (Public Works
Director) to mail to the property owners within Land Use Permit 05-2051 the notices and ballots required by
Section 4 of Article XIII D of the California Constitution(Proposition 218).
4. The notices and ballots have been mailed to property owners and the returned ballots are ready to be tabulated.
NOW, THEREFORE,the Board FINDS,DETERMINES and RESOLVES that:
5. A public hearing was held before this Board on February 27, 2007, at 9:30 a.m. At the hearing, the Engineer of
Work presented to the Board all ballots received from property owners within Land Use Permit 05-2051. The
Board heard and considered all protests against the proposed assessments and tabulated the returned ballots
according to the proportional financial obligation of the affected properties. The Board also afforded to every
interested person an opportunity to make a protest to the engineer's report, either in writing or orally, and the
Board considered each protest.
6. A majority protest, as defined in section 4 (e) of Article XIII D, does not exist.
7. The Board hereby confirms the diagram and assessment as set fort�th in the report of the Engineer of Work and
hereby authorizes the levy of the street light charges set forth therein�in Land Use Permit 05-2051 for fiscal year
2006/2007 to be collected on the tax rolls.
I here\cefy that this is a true and correct copy
PEsj of an action taken and entered on the minutes of
W§pDist\Board Orders\2007\02-27-07 Board Reso(Hearing)-LP 05-2051.doc the Board Of Sup rvss0 on the date shown.
Orig.Dept.:Public Works Department(Special Districts)
Contact: Patricia Edwards(313-2286)
cc: Assessor ATTESTED:
Auditor-Controller JOHN CULLS ClerkNof e., Board of
County Administrator 's
County Counsel Supervisors and County Administrator
Resolution No.2007/65 By Deputy
Public Works Department
255 Glacier Drive, Martinez
DATE: February 27, 2007
TO: Board of Supervisors
FROM: Maurice M. Shiu, Public Works Director
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Land Use Permit 05-2051 into CSA L-
100
I, Maurice M. Shiu, Public Works Director for the County of Contra Costa, State of California, having
canvassed the return of all votes cast in the proposed annexation of Land Use Permit 05-2051 into County
Service Area L-100 Lighting District held between January 9, 2007 and February 27, 2007 do hereby certify the
following to be a full, true and correct Statement of Results of all votes cast on the following measure:
County Service Area L-100 Lighting District Annexation and Annual Assessment for
Land Use Permit-05-2051
Yes No
I further certify that the total number of ballots cast in the proposed annexation of Land Use Permit 05-2051 into
County Service Area L-100 Lighting District at said election was one and attached hereto are the total ballots
received for and against annexation and assessment.
PE:sj
G:\SpDist\Board Orders\2007\02-27-07 Board Reso(Hearing)-,LP 05-2051.doc